Inheritance is meant to reflect a loved one’s final wishes—but sometimes, what’s written in a will raises more questions than answers. Maybe you’ve been unexpectedly disinherited. Maybe a sibling ended up with far more than everyone else. Or maybe a new version of the will showed up under suspicious circumstances. If you believe a will is unfair, forged, or created under pressure, you may have the legal right to challenge it. With the help of an experienced contested will attorney, you can uncover the truth and take the necessary steps to protect your rightful inheritance.
Why Wills Get Contested
A will can be contested when there’s reason to believe it doesn’t genuinely reflect the intentions of the person who passed away. These disputes often arise when:
- A newer version of the will suddenly appears
- A caregiver or relative unexpectedly becomes the main beneficiary
- The will was created or changed when the person was in poor health or mentally impaired
- There are allegations of forgery, fraud, or undue influence
- Required formalities in creating the will were not followed
In California, will contests are common, particularly in families where large estates or real estate are involved. According to the American College of Trust and Estate Counsel, over 25% of estate disputes nationwide involve will contests.
A Real-Life Example: The Unexpected Amendment
Consider the case of Michael, a retired teacher from San Diego. His will, drafted in 2015, divided his estate equally among his three children. However, just months before his passing in 2022, a new will was introduced—leaving everything to his youngest child, Lisa, who had become his primary caregiver.
Michael’s other children were shocked. They claimed their father had been too ill to understand legal documents and believed Lisa influenced him during a vulnerable time. A contested will attorney helped them file a formal challenge. Medical records and expert testimony confirmed Michael lacked mental capacity at the time the new will was signed. The court invalidated the revised will and reinstated the earlier one.
This case shows how critical timing, documentation, and legal strategy are in these disputes.
Legal Grounds for Contesting a Will
If you’re questioning the fairness of a will, here are the main legal reasons California courts accept for a contest:
- Lack of Capacity
The person making the will (testator) must understand the value of their estate, their relationships, and the impact of the will. If they had dementia, Alzheimer’s, or severe illness, the will can be challenged.
- Undue Influence
If someone pressured or manipulated the testator—especially in isolation or when they were dependent on care—the will may be deemed invalid.
- Fraud or Forgery
Faked signatures or false information leading the testator to change their will are legal grounds to contest.
- Improper Execution
Wills must meet strict legal requirements, such as being signed and witnessed correctly. Failure to follow these can void the document.
A contested will attorney can evaluate your situation, gather the necessary evidence, and guide you through the legal process.
What Happens During a Will Contest?
Contesting a will in California typically involves the following steps:
- Filing a Petition in Probate Court
You’ll file a formal objection to the will with the probate court handling the estate.
- Investigation and Discovery
Your attorney gathers documents, medical records, witness statements, and other evidence to support your claim.
- Mediation or Settlement Talks
Many families resolve will disputes out of court with legal mediation to avoid a drawn-out trial.
- Court Hearing
If no settlement is reached, the case goes to trial. The judge will examine all evidence and determine if the will is valid.
Each step must be handled with care and precision, and that’s where an experienced legal professional is invaluable.
Timing Matters: Don’t Miss the Deadline
In California, there’s a strict time limit to file a will contest—often as short as 120 days after receiving notice that the will has been submitted to probate. If you delay, you may lose your right to contest permanently.
Because of this, speaking to a contested will attorney as soon as possible is critical. Acting early increases your chances of success and prevents the distribution of assets before your concerns are addressed.
How to Know If You Have a Strong Case
You might be wondering if your concerns are valid or just emotional reactions to a difficult situation. Here’s when it makes sense to take legal action:
- You were a prior beneficiary and are suddenly removed
- A new will was created shortly before death
- The person who benefited the most was in a position of control or influence
- The will contradicts everything the testator previously said or promised
- The signature or format of the will seems suspicious
An initial consultation with a contested will attorney can help you evaluate the strength of your case before you proceed.
Navigating the Emotional Side of Will Disputes
Will contests often involve close family members. Emotions can run high, and relationships may be permanently affected. However, protecting your rights doesn’t mean you’re being greedy—it means you’re seeking fairness. It’s about ensuring your loved one’s true wishes are honored, not manipulated.
An experienced attorney doesn’t just handle the legal side—they can also help mediate tension, guide family conversations, and provide clarity when emotions cloud judgment.
Stand Up for What’s Rightfully Yours
If you believe a will doesn’t reflect your loved one’s true wishes or suspect unfair influence, silence isn’t the answer. Taking action today could protect your future and restore the fairness your family deserves.
A qualified contested will attorney can help you understand your rights, investigate your concerns, and challenge the will if needed—so that what was intended for you doesn’t get lost in legal confusion or manipulation.
If something doesn’t feel right about a will you’re affected by, don’t wait. Speak to a trusted attorney and take the first step in protecting your legal rights and your rightful inheritance.
